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Tasman Liquor Company Limited trading as “The Bottle-O”
 Website Terms & Conditions

Last updated: 9/10/13

Legal agreement:  The following Terms & Conditions (Terms), together with our Privacy Policy are the complete terms of a legal agreement between you and Tasman Liquor Company Limited trading as “The Bottle-O” (together with its related entities including its related companies and parent company) (The Bottle-O) in relation to your access to and use of this website. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms.  If you do not agree to these Terms, do not use this website.

Variation:  The Bottle-O may alter these Terms from time to time by posting the altered version on this website. You should visit these Terms on the website regularly to keep up to date with any alterations. By continuing to use this website, you accept the Terms current at the time you access and use it.

Age restriction: You must be 18 years or over to access, browse and use this website. It is against the law to sell liquor to customers that are under the age of 18 years and it is The Bottle-O’s in-store policy to ask customers that appear to be 25 years or younger to show identification to prove their age.

Trading relationship:  If you have a trading relationship with The Bottle-O, that trading relationship is governed by a separate agreement between you and The Bottle-O.  However, these Terms also apply to your use of this website.

Intellectual property:  Material and content displayed on or comprised by this website including text, graphics, logos, button icons, images, the website layout and software is subject to copyright owned by The Bottle-O or its suppliers.  That material and content is protected by the Copyright Act 1994 and other international copyright laws.  Brands, names, images and logos displayed on the website may be the subject of registered trade marks of The Bottle-O or its suppliers and protected by the Trade Marks Act 2002 and other international trade mark laws.  You may access, display, download and print portions of the website only for personal non-commercial use or for good faith commercial dealings with The Bottle-O, and subject only to these Terms.  This permission is subject to you not modifying or republishing the content displayed on this website, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website.  Any other use of material on this website including the reproduction, modification, distribution, transmission, republication or display of the content on this site is strictly prohibited.

Information on the website:  Information on this website may or may not change from time to time.  It is not promised or guaranteed to be correct, current or complete. This website may contain technical inaccuracies or typographical errors.  The Bottle-O assumes no responsibility (and expressly disclaims responsibility) for updating this website to keep information current or to ensure the accuracy or completeness of any posted information.  Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision based on information on this website. Any prices or offers displayed on this website may vary between The Bottle-O stores.

Advice: This website may contain advice and other tips and information including in relation to nutrition.  That advice and information is of a general nature only.  It should not be relied on as applying to your specific situation.  You should obtain specialist advice in appropriate situations.

Third-party material:  This website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material).  The Bottle-O is not responsible for and does not endorse:  (a) the content of Linked Sites or Third Party Material; (b) any use or misuse of information you may supply to or obtain from a Linked Site or any Third Party Material; or (c) any goods or services offered via Linked Sites.  The Bottle-O does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites.  The Bottle-O is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.

Viruses: You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and trojans, and to protect your information as you deem appropriate.

Use of this website:  You agree to comply with all domestic and international laws applicable to your use of this website.  Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this website or any computer. You must not post on this website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party.  The Bottle-O may block or delete from this website any material you post that The Bottle-O decides contravenes those requirements.  You must not impersonate or misappropriate the identity of another person.  Use of this website in contravention of these Terms may result in you being banned from the website and being liable to The Bottle-O for any loss or damage The Bottle-O has incurred as a result of your breach of these Terms and/or infringing any applicable law. The Bottle-O reserves the right to alter, suspend or remove this website temporarily or permanently at any time, or to deny access to this website for any reason and without notice.

Disclaimer of warranty:  You use this website at your sole risk.  To the extent legally permitted, all materials, information, products, programs and services are provided "as is", with no warranties, conditions, representations or guarantees (Warranties) whatsoever.  To the extent legally permitted, The Bottle-O expressly disclaims all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights.  Without limitation, The Bottle-O does not represent or warrant that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements.  You agree that in using this website you have not relied on any Warranty made by The Bottle-O not expressly contained in these Terms.  You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.  

If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent legally permitted, The Bottle-O limits its liability for breach of any such Warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at The Bottle-O's discretion.

Limitation of liability: To the extent legally permitted, The Bottle-O is not liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type related to or arising from: (a) this website;  (b) any use of this website or of any site or resource linked to, referenced or accessed through this website; or (c) the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data.  These exclusions apply even if The Bottle-O is expressly advised of the possibility of such damages and extend to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and The Bottle-O's maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to [NZ$50.00].

Consumer Guarantees Act 1993: Where you purchase goods or services from The Bottle-O stores for personal consumption or use, the rights and remedies granted to you (as a consumer) under the Consumer Guarantees Act 1993 apply and cannot be excluded or limited by The Bottle-O in any way. If, however, (subject to The Bottle-O’s prior written consent) you purchase goods or services from The Bottle-O for business purposes, The Bottle-O may exclude or limit the rights and remedies granted to you under the Consumer Guarantees Act 1993.

Indemnity:  You agree to indemnify, defend and hold harmless The Bottle-O from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these Terms, the rights of another party or any applicable law or arising out of any activity related to your account, by you or any other person accessing this website using your Internet account.  The indemnity in this clause extends to and applies for the benefit of The Bottle-O's officers, directors, employees, agents, contractors, licensors,  suppliers, associates, related companies and parent companies.

Password security:  If you are allocated a password to access any part of this website, it is your responsibility to prevent the password being disclosed to any third party.

Privacy:  Your privacy is important to The Bottle-O.  By providing your details to The Bottle-O via the website, you consent to The Bottle-O maintaining, recording, holding and using that information to process orders, to improve service to customers and to inform you of promotions.  Further information about the collection and use of your personal information is contained in our Privacy Policy.

Applicable law: These Terms are governed by the law of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.